“ But whether the bond was the deed of the defendant, or not, was not a matter in issue between the parties, and, consequently, it was a false conclusion to say, that, because it was his deed, therefore he was indebted to the United States.
The rule of law is precise upon this point. A verdict is bad, if it varies from the issue in a substantial matter, or if it find only a part of that which is in issue. The reason of the rule is obvious; it results from the nature and the end of the pleading. ”

“ Whether the jury find a general or a special verdict, it is their duty to decide the very point in issue; and although the court in which the cause is tried may give form to a general finding, so as to make it harmonize with the issue, yet, if it appears to that court, or to the appellate court, that the finding is different from the issue, or is confined to a part only of the matter in issue, no judgment can be rendered upon the verdict. ”

“ After the declaration was filed in the district court, and the defendant had entered his appearance and taken defence, a writ of certiorari, issued from the circuit to the district court, in obedience to which the record of the proceedings in that court was certified and sent up to the circuit court. ”